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HomeMy WebLinkAboutC97-209 Western Mobile Pre-Mix CompanyC 097 20 9 4 7 SECOND AMENDMENT TO SAND AND GRAVEL MINING LEASE This Second Amendment To Sand And Gravel Mining Lease is entered into this 'day of July, 1997, effective as of April 1, 1996, by and between Eagle County, Colorado, a body corporate and politic ("Lessor"), through its Board of County Commissioners, and Western Mobile Pre -Mix Company, a corporation ("Lessee"). RECITALS A. The history of this lease is the following: (1) Lease from Loren G. Chambers to Flatiron Paving Company, dated December 29, 1980; (2) Assignment and Assumption of Leasehold between Flatiron Paving Company (as assignor), Mobile Premix Company (predecessor of Lessee, as assignee), and Loren G. Chambers (as owner), dated November 30, 1984; (3) Modification to Sand And Gravel Mining Lease between Loren G. Chambers (as lessor) and Mobile Premix Company (predecessor of Lessee, as lessee,) dated December 8, 1986, and recorded in the official records of the Clerk & Recorder at Book 454 Page 514; (4) Assignment of Lease between Eagle County (as assignee), Mobile Premix Company (predecessor of Lessee, as lessee) and Loren G. Chambers (as assignor), dated December 8, 1986, and recorded in the official records of the Clerk & Recorder of Eagle County at Book 456 Page 596. The foregoing is referred to, together, as the "Lease." B. The original term of the Lease was 10 years, with two optional extensions of 5 years each. Lessee has elected both optional extensions, the second of which the parties agree ends at midnight December 31, 2001. C. The Lease provides for the renegotiation of the royalty at the time of the extension of the term. By this Amendment, the parties wisih to provide the new royalty rate for the second extended term. TERMS & CONDITIONS THEREFORE, in consideration of the mutual promises set forth herein and in the Lease, the parties agree: 1. Th royalty rate provided in the Lease, paragraph 3, shat' be $0.60 per ton for the riod April 1, 196, through March 31, 1997, and shall be $0.70 per ton for the period April 1, X 97 through the end of the extended term. The increased royalty accrued for the period up to G\BOBWEMSTMOBILISE the date of execution of this Amendment shall be paid in a lump sum upon the execution of the Amendment. 2. The parties agree that the 2d extension of the term shall be deemed to expire at midnight on December 31, 2001. 3. Except as herein expressly amended, the terms and conditions of the Lease shall remain in full force and effect. WHEREFORE, the parties have executed this agreement on, and effective as of, the dates first set forth above. ATTEST h y l K COLORADO By: Clerk of the Board of County Commissioners ATTEST GABOBWIMSTMOBIL.LSE 2 "Lessor": COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS Fi ette Phillips, Chairman "Lessee": WESTERN MOBILE PREMIX COMPANY, a corporation By: [print name] We ;) Th 2 /-LX [title] e s ► d T